In their ongoing struggle against over-the-top (OTT) companies, telecommunications operators have put forth a demand for the regulation of such apps, urging their inclusion within the framework of telecommunications services in the forthcoming telecom bill. In a recent communication to the government, the operators emphasized the necessity of adopting the “same-service-same-rules” principle to govern OTT apps like WhatsApp and Telegram.
The Ministry of Electronics and Information Technology (Meity) plays a central role in overseeing OTTs and other internet companies. The government intends to introduce regulatory provisions for OTTs as part of the upcoming Digital India Act. However, the Department of Telecommunications (DoT) currently maintains that the existing definition provided under the Indian Telegraph Act is sufficient, suggesting that there is no requirement to specifically incorporate OTTs into the new legislation. An official from the DoT, speaking on condition of anonymity, clarified that the department has no intention to regulate OTTs, nor does it seek a share of their revenue.
According to the Telegraph Act, a “telegraph” is defined as any apparatus or instrument capable of transmitting or receiving signs, signals, images, writing, sounds, or any form of intelligence using wire, electromagnetic emissions, radio waves, or various other means.
Responding to reports about the omission of OTTs from the telecom bill, telecom operators contended that the government’s previous decision to include and define OTTs in the telecom bill represented a prudent and forward-thinking approach. They expressed concern that deviating from this approach would be detrimental to the telecom industry, which is a critical infrastructure sector.
The Cellular Operators Association of India (COAI), representing all major private telecom operators, including Reliance Jio, Bharti Airtel, and Vodafone Idea, argued that the upcoming telecom bill should encompass all aspects of OTT services, including financial and security conditions, which currently fall outside the scope of any other government regulation or legislation. The telecom operators also reiterated their request for a share of the revenue generated by prominent OTT companies.
In response, OTT companies have resisted such regulations, asserting that they are already governed by the IT Act and that further regulation would impede innovation. App developers have vigorously opposed the telecom operators’ demand for revenue sharing in exchange for network usage, contending that it would violate net neutrality principles. The operators, however, have rejected these objections.
